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defence report? can car insurance companies use these to deny benefits?

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M

mustang

Guest
I live in ontario canada. was involved in auto accident in 98. In February of this year I saw a defence doctor, prior to a fusion surgery on my back. His opinion was one of a typical defence doctor siding with the car insurance and saying surgery was not recommended as there is litigation pending. I had fusion done by a surgeon at the end of February. This doctor has "revised" his report now for a third time after examining me for 5 minutes back in February. My question is can the insurance company use a defence report here in Canada to deny attandant care benefits or accident benefits? I had an Occupational Therapist come into my home after surgery to evaluate my needs and filled out the required Form 1's . The insurance company is stating that" according to their medical documentation, it is not reasonable and necessary." They were sent a copy of this report of the Occupational therapist and dont even aknowledge this report. Can a defence doctor, who was hired as such, be used as an independant assessment after the fact of being aknowledged as a defence doctor from the beginning? Can they use his report to deny benefits? I can not see how this can legally be done. any advise would be appreciated.
 



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